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EFFector       Vol. 15, No. 2       Jan. 17, 2002       editors@eff.org  
 A Publication of the Electronic Frontier Foundation     ISSN 1062-9424  

  * ALERT: National ID Cards from DMV? Protect Your Privacy!
  * Hollywood Forces Publishers Worldwide to California Court
  * 2600 Magazine Seeks Relief from Court-Ordered Censorship
  * "Will Free Expression Survive the Digital Media Revolution?"
  * EFF at Linuxworld '02 in New York City!
  * Administrivia

For more information on EFF activities & alerts: http://www.eff.org/

To join EFF or make an additional donation:
EFF is a member-supported nonprofit. Please sign up as a member today!



Electronic Frontier Foundation ACTION ALERT

(Issued: Jan. 16, 2002 / Expires: February 8, 2002)

The American Association of Motor Vehicle Administrators (AAMVA) Special
Task Force on Identification Security has recommended that the driver's
license become the functional equivalent of a national ID card and has
Verification System (DRIVers), so that "state agencies and federal
agencies such as the Immigration and Naturalization Service, the Social
Security Administration, the Bureau of Vital Statistics, and, if
necessary, the Federal Bureau of Investigation, can share information."

What You Can Do:

  * Mail or e-mail the EFF letter below to Linda Lewis of the AMVAA
    (contact info below).
  * Contact your legislators about this issue. For information on how to
    contact your legislators and other government officials, see EFF's
    "Contacting Congress and Other Policymakers" guide at:
  * Join EFF! For membership information see:

Sample Letter (or Phone Script):

    Dear Ms. Lewis:
    I oppose the AAMVA proposal to adopt the driver's license as a
    national ID card. I also oppose the AAMVA's efforts to get Congress
    adopt and fund the Driver Record Information Verification System.
    Most Americans oppose efforts to create a national government
    database of personally-identifiable information because of the
    potential abuses and malfunctions any such system would necessarily
    create. Even the Bush administration has stated that it does not
    support national ID cards.
    National ID cards are simply not worth the risks to privacy and civil
    liberties posed by increased and increasing ability to track people.
    [sign name here,
    include full address for maximum effect]
Who to Contact:

Linda Lewis, President and CEO
American Association of Motor Vehicle Administrators
  +1 703-522-4200


clear focus and resolve will not make a good impression. Try to make it
brief (1-3 paragraphs written, or a few sentences spoken) and clear,

Activists Around the World

This alert is primarily for U.S. residents. However, national ID schemes
and other surveillance measures are on the rise globally, so keep an eye
out in your own jurisdiction for similar issues you can act on.


Among the most questionable responses to the Sept. 11 tragedy is the call
for a national ID card or system. Although the Bush Administration has so
far rejected the idea, many others -- including commercial vendors -- are
clamoring for some kind of national ID system. Oracle chairman Larry
Ellison has been in the forefront of these calls, but he's not alone.

The most recent proposal is by the American Association of Motor Vehicle
Administrators. The AAMVA's Special Task Force on Identification Security
equivalent of a national ID card. The AAMVA wants to "produce a uniform,
an individual." In a 90-page document, the AAMVA has already issued a
"National Standard for the Driver License/Identification Card."

The AAMVA also wants Congress to adopt and fund the Driver Record
federal agencies such as the Immigration and Naturalization Service, the
Social Security Administration, the Bureau of Vital Statistics, and, if
necessary, the Federal Bureau of Investigation, can share information."

There's no question that ID systems can be useful for many purposes -- we
use them every day -- or that the driver's license is the de facto ID
card in modern America.

But it's quite unclear how a new national ID system shared between
t is worth the risks to privacy posed by increased and increasing
ability to track individuals.

Computer security expert Bruce Schneier explains that a national ID
the person; a database (or set of databases) of information linked to the
card; a system for checking the card data against the database; and some

He goes on to say: "The way to think about the security of this system is
no different from any other security countermeasure. One, what problem
are IDs trying to solve? Two, how can IDs fail in practice? Three, given
the failure modes, how well do IDs solve the problem? Four, what are the
costs associated with IDs? And five, given the effectiveness and costs,
are IDs worth it?"

verify identity. But it's not at all clear how that helps against
terrorism. For instance, most of the hijackers were in the United States
legally and had no "bad" record with the FBI. Simply knowing who someone
s doesn't mean you know that person should or shouldn't be allowed to
board an airplane. As Schneier puts it, "much of the utility of the
national ID card assumes a pre-existing database of bad guys. We have no

Schneier notes that IDs can fail in practice many different ways. Each
component of the system can fail: cards can be counterfeited, databases
can be wrong or compromised; those who check IDs can be careless, make
mistakes or, even worse, be compromised. Schneier concludes that IDs are
"prone to errors and misuse, and are likely to be blindly trusted even

Even state DMV officials appear aware of the weaknesses in their systems.
At a recent hearing on ID cards before the California State Assembly
Judiciary Committee attended by an EFF representative, an official of the
California DMV anticipated questions about card fraud and admitted that
counterfeiters can make "very passable forged driver's licenses,
ncluding the magstripe." He also explained that while California has
around 30 million thumbprints on file, their data isn't good enough to be
used for computer matching -- so they would probably need to collect
thumbprints again for use on driver's licenses.

and an enormous commitment to pay attention to maintain it. Schneier's
maintaining the database will cost a few times that per person,
Americans); then factor in the costs associated with hardware, software,
and person-hours of checking IDs.

Even worse, a national ID card or system carries tremendous risks to
civil liberties. Fundamentally, of course, an ID system aims to uniquely
dentify people and permits them to be tracked across their transactions
and to be linked to all the informational traces thereby created. History
tells us that ID systems have a strong momentum toward a checkpoint
mentality. Those who push for ID systems are well aware of this and try
to start small. During the attempt to introduce the Australia Card, one
to use a staged approach for implementation, whereby only less sensitive
additional data at a later stage when public acceptance may be
forthcoming more readily." Police who are given powers to demand ID
nvariably have powers to detain people who do not have the card, or who
cannot prove their identity. Great Britain, for instance, began issuing

Do we really trust our DMVs, or any other ID bureaucracy, to run this
enough to create an internal passport system for ordinary, law-abiding

Amazingly -- or perhaps not so amazingly -- the AAMVA's recommendations
and press releases don't even mention personal privacy. Indeed, AAMVA
nviting commercial vendors to display their wares.

EFF urges its members and readers to contact the AAMVA to express
opposition to this ill-considered proposal.


AAMVA Website:

Bruce Schneier's Crypto-Gramm newsletter article on national IDs:

EFF Privacy Archive:

EFF's "Privacy Now!" Campaign:

About EFF:

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
most linked-to Web sites in the world:


Will Doherty, EFF Online Activist / Media Relations
+1 415 436 9333 x111

Katina Bishop, EFF Offline Activist / Education Dir.
+1 415 436 9333 x101

                                 - end -                                 




Electronic Frontier Foundation Media Release

For Immediate Release: Monday, January 15, 2002

San Francisco - Texas resident Matthew Pavlovich yesterday for a second
time asked the California Supreme Court to reverse a lower court decision

"Courts have uniformly held that simply publishing something on the
application of constitutional safeguards, the Internet will become a
liability minefield for users."

Control Association (DVD CCA) sued hundreds of individuals, including
open-source projects. The DVD CCA claims that Internet republishing of
DeCSS on their websites constitutes a trade secret violation.

ssue, DVD CCA v. Bunner, where an appeals court has stayed the trade

The U.S. Constitution's due process clause limits a state court's ability
to assert power over out-of-state defendants who have no connection with
that state. The Pavlovich case has already gone to the California Supreme
Court once before; the Court sent the matter back to the Appellate Court
to explain why it believed Pavlovich could be required to come to
California. The Appellate Court again held that Pavlovich is required to

"The lower court's ruling means that a person would be subject to

DeCSS is free software that allows people to play DVDs without
technological restrictions, such as region codes, preferred by movie

Norwegian teenager Jon Johansen originally published DeCSS on the
Johansen more than two years after the DVD CCA urged them to do so.





Allonn Levy, Attorney, HS Law Group
  +1 408 790-5320 x5330

Robin Gross, EFF Intellectual Property Attorney
  +1 415-436-9333 x112

                                 - end -                                 



Electronic Frontier Foundation Media Release

For Immediate Release: Monday, January 14, 2002

New York - 2600 Magazine today requested that a U.S. court reverse an
earlier ruling prohibiting publication of the software code called DeCSS
the entertainment industry.

Stating that "free speech principles should turn not upon newly minted
Frontier Foundation (EFF) and lead counsel Kathleen M. Sullivan today
asked the full Second Circuit Court of Appeals to hear Universal v.

"By permitting publication of code in an online magazine, the Second
Circuit would recognize that Internet speech is fully protected by the
First Amendment as established by the U.S. Supreme Court in ACLU v.
Reno," noted EFF Legal Director Cindy Cohn. "The most egregious part of
the previous decision prevented even linking, the lifeblood of the

from publishing or linking to DeCSS. That panel rejected pleas from 46
ntellectual property professors, 17 top computer scientists, 8 top
computer security experts, the Association for Computing Machinery, the
American Library Association, the ACLU, and the Reporters Committee for
Freedom of the Press, among many others.

A court decision on the request is expected later this spring.


More information and legal filings in the 2600 case:



Cindy Cohn, EFF Legal Director
  +1 415-436-9333 x108

Lee Tien, EFF Senior First Amendment Attorney
  +1 415-436-9333 x102

                                 - end -                                 




Cindy Cohn - EFF Legal Director
Lee Tien - EFF Sr. Staff Attorney
Fred von Lohmann - EFF Sr. IP Attorney
Robin Gross - EFF Staff Attorney for Intellectual Property/CAFE Director
Moderated by Shari Steele - EFF Executive Director

"Will Free Expression Survive the Digital Media Revolution?"

Sponsored by The Electronic Frontier Foundation and the Berkeley Center
for Law and Technology

Movies. Music. Books. You buy it; you own it. That's how it used to be.
Now the DMCA and expanded copyright laws are helping Hollywood change all
that. Come and hear the EFF attorneys talk about the state of the
battlegrounds that affect your rights.

EFF attorneys will tackle thorny issues during this interactive
broad ban on technical information, its effect on encryption and computer
actions, international concerns, and the role of fair use in the digital

February 12th, 2002

Berkeley Center for Law & Technology
University of California
School of Law (Boalt Hall)
Goldburg Room, Second Floor
Berkeley, California 94720-7200
Tel: +1 (510) 642-8073

For directions, see:

For more information contact Katina: +1 (415) 436-9333 x101, 

This event is free and open to the general public. Food and beverages

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
most linked-to Web sites in the world:

The Berkeley Center for Law & Technology was founded in 1995 to foster
beneficial and ethical advancement of technology by promoting the
understanding and guiding the development of intellectual property and
as a resource for academia, the judiciary, law students, practitioners,
technological development and the public interest.

                                 - end -                                 



Come visit the EFF booth at the Linuxworld Conference and Expo in New
York, January 30th thru February 1st. We will be passing out a passel of
up-to-the-moment information and distributing the usual EFF-related
be receiving an award for our work on behalf of the Linux community from
the good people at IDG. Exhibits-only passes are available to the first
your pass!

Jacob K. Javits Convention Center
New York, NY 10001

For more information:

                                 - end -                                 



EFFector is published by:

The Electronic Frontier Foundation
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)

Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster

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